As a criminal defense attorney there is one question that I get over and over again they [police] didn’t read me my Miranda Rights, can’t we get the case dismissed or my rights were violated, shouldn’t my case be dismissed. WRONG.Police are NOT required to give you a Miranda warning, UNLESS both of the following happens: 1. you are in custody and 2. the question seeks incriminating information. Even if you are in handcuffs, you may not be in “custody” for the purpose of Miranda. If you think your rights were violated, contact a criminal defense attorney.

If my rights are violated my case is dismissed, right? WRONG

A Miranda violation (you weren’t read your rights) does not mean that the case will be automatically dismissed. It’s an exclusionary rule meaning the government could be prohibited from using those statements against you in a trial. As a criminal defense attorney I scrutinize the facts and circumstances surrounding the statement to determine if your Miranda Rights were provided and if not the impact of a violation to a case. Even if the statement is suppressed, aka, not allowed in, there may be additional evidence that could be used against you and the case may go forward.

Here’s what the government and police officers DO NOT want you to know- you never have to talk to officers- YOU have the right to remain silent- USE IT! Don’t count on the police “reading you your rights”- EXERCISE your rights- REMAIN Silent. Think about it this way, you don’t know why the police are asking you questions, you don’t know what crime they are trying to pin on you. Even if you are not told you have rights- exercise your Miranda Rights, remain silent.

You are up against trained law enforcement personal – police officers get training, not only when to provide Miranda Rights to suspects but also how to legally avoid giving Miranda– I have attended Miranda training with law enforcement geared at helping law enforcement avoid providing Miranda. Why? It is easier for the prosecution to convict you with a confession, even a partial confession.

So, how do they do it- Here is a list of some of the most common tactics to avoid providing Miranda Rights:

Officers won’t arrest you, they will approach you, at your house, on the street, at your work and they will ask you to talk with them, informally, right there, in your home or work (this is legally a consensual encounter)

Officers will ask you to come down to the police station, just to talk, informally, you’re not under arrest, you can leave at anytime, they just wanting to get your side of the story. (this is non-custoidal)

Officer may say something like – I just want to get your side of the story, you know so we can clear this up and move on

The government cannot make you help them in their investigation of YOU. Did you know that it is easier for the government to prove its case if you make statements, even in denial. DO NOT make their job easier. DO NOT help them build their case against you. REMAIN SILENT.

What do you say- say nothing, if you want to make a statement, make it through an attorney. What your attorney says is not evidence it cannot be used against you

Thank you for visiting our post on Miranda Rights. Should you like additional information or to speak with attorney Schmidt about your case, click here or contact us at (303) 747-4686.